Sexual Misconduct Policy

Molloy University (the “University” or “Molloy”) is committed to a learning, working, and living environment where all members of the community feel safe and respected. In accordance with Title IX of the Education Amendments of 1972 (“Title IX”), the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the “Clery Act”), as amended by the Violence Against Women Act of 2013 (“VAWA”), Article 129-B of the New York State Education Law (“Article 129- B”), the New York State Labor Law, the New York State Human Rights Law (“NYSHRL”), Title VII of the Civil Rights Act of 1964 (“Title VII”), the New York City Stop Sexual Harassment Act, and all other applicable law, the University is committed to providing a safe community, free from all forms of sex discrimination, including sexual harassment. In accordance with Title IX and its implementing regulations, the University does not discriminate on the basis of sex in its education programs and activities, including in admissions and employment. Under Title IX, discrimination on the basis of sex includes sexual harassment.

The University will not tolerate any form of sexual misconduct including: all forms of sex/gender- based discrimination, sex/gender-based harassment, sexual harassment, sexual assault, dating violence, domestic violence, stalking, and any other form of non-consensual sexual activity or related misconduct prohibited by this Policy, as well as retaliation as defined in this Policy (collectively referred to as “sexual misconduct”). All forms of sexual misconduct are strictly prohibited by the University. Sexual misconduct can occur between strangers, acquaintances, or people who know each other well, including those who are involved in an intimate or sexual relationship, and can be committed by anyone regardless of sex, gender, or gender identity. Likewise, anyone can experience sexual misconduct regardless of sex, gender, sexual orientation, gender identity, including transgender status, or gender expression. Any member of the Molloy community who engages in sexual misconduct or retaliation will be subject to remedial and/or disciplinary action, up to and including dismissal or termination.

The purpose of this Policy is twofold: first, to establish clear processes and procedures for the handling of sexual misconduct allegations, and second, to educate the Molloy community with respect to the limits of acceptable conduct and available resources. This Policy explains Molloy’s approach to investigating, adjudicating, and disciplining acts of sexual misconduct, and is part of Molloy’s commitment to a discrimination-free learning and work environment.

This policy (the “Policy”) aims to ensure that all members of the Molloy community can study and work together without being subjected to sexual misconduct. In this Policy, the term "Molloy community" is used to refer to students, faculty, staff, and administrators (“Employees”), contractors, subcontractors, vendors, and others affiliated with the University by reason of employment (“covered non-employees”) or education and within the University’s control, regardless of immigration status. Despite the gendered nature of its language, this Policy is inclusive of all members of the Molloy community.

This Policy is effective as of August 14, 2020. All conduct that occurred prior to August 14, 2020, will be subject to the Molloy University Sexual Misconduct Policy in effect at the time that the conduct occurred, regardless of when the report, complaint, or formal complaint regarding such conduct is filed.

There are two formal grievance procedures for responding to reports of prohibited conduct under this Policy. Allegations of Title IX sexual harassment, as defined herein, will be resolved via Process A. All other allegations of sexual misconduct and retaliation, as defined herein, that do not constitute Title IX sexual harassment will be resolved via Process B. The University applies the preponderance of the evidence (“more likely than not”) standard when determining whether this Policy has been violated. An informal resolution process may also be available to resolve the allegations.

Any disclosure regarding alleged Policy violations, including information, reports, complaints, and formal complaints, as well as any questions or concerns regarding this Policy or the state and federal laws covered in this Policy should be directed to the University’s Title IX Coordinator.³ Any member of the University who believes that they have been a victim of sexual misconduct is encouraged to immediately report it to the University’s Title IX Coordinator.

Lisa Miller, Assistant Vice President of Human Resources and Title IX Coordinator 1000 Hempstead Avenue, Kellenberg Hall, Room K-011 Rockville Centre, New York 11571 (516) 323-3046 lmiller@molloy.edu. 

The Title IX Coordinator’s primary responsibility is to coordinate the University’s compliance with Title IX including, but not limited to, overseeing the University’s response to reports, complaints, and formal complaints of sexual misconduct. The Title IX Coordinator is responsible for directing and managing the investigations of allegations of sexual misconduct, identifying and addressing any patterns or systemic problems of sexual misconduct that arise during the investigation, and assessing the effects of sexual misconduct on the campus climate.

The Title IX Coordinator is also available to answer questions or address any concerns regarding this Policy. Any necessary accommodations due to a disability for the processes outlined in this Policy can also be discussed with the Title IX Coordinator or Section 504 Coordinator, Cari Rose Tomo, who will handle such requests pursuant to University policy. The Title IX Coordinator will not have a conflict of interest or bias. Allegations regarding bias or conflict of interest of the Title IX Coordinator should be addressed to Dr. Susan Williams, Vice President for Finance and Treasurer. Reports, complaints, or formal complaints where the Title IX Coordinator is the Respondent should be made to Dr. Susan Williams, Vice President for Finance and Treasurer.

3. The University provides the contact information of the Title IX Coordinator to students, faculty, staff, applicants for admission, applicants for employment, and all labor unions or professional organizations holding collective bargaining or professional agreements with the University.

All Students have the right to:

1. Make a report to local law enforcement and/or state police;
2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
3. Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure from the institution;
4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
5. Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
6. Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
7. Describe the incident to as few University representatives as practicable and not be required to unnecessarily repeat a description of the incident;
8. Be protected from retaliation by the institution, any student, the accused and/or the Respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;
9. Access to at least one level of appeal of a determination;
10. Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or Respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.

(Adopted from Article 129-B § 6443)

Sexual harassment is an unlawful form of sex discrimination. The term “sexual harassment” has various definitions under federal and state laws, such as Title IX, Title VII, and NYSHRL, and by various bodies, including the U.S. Department of Education, the U.S. Equal Employment Opportunity Commission (“EEOC”), and New York State. Reports and formal complaints of Title IX sexual harassment are addressed under Process A of this Policy. Reports and complaints regarding conduct that constitutes only Title VII sexual harassment and/or NYSHRL sexual harassment are addressed under Process B of this Policy. Note, however, that conduct can meet more than one of these definitions; if the conduct constitutes Title IX sexual harassment in addition to Title VII sexual harassment and/or NYSHRL sexual harassment, it will be addressed under Process A.

The University prohibits retaliation, as defined herein. Retaliation should be reported promptly to the University’s Title IX Coordinator. Reports of retaliation will be investigated in accordance with the appropriate formal grievance procedure, and such conduct may result in disciplinary action independent of the sanction(s) or interim measures imposed in response to the underlying allegations of sexual misconduct.

In order to protect the integrity of the academic and work environment, this Policy places limitations on consensual romantic or sexual relationships between and among faculty, staff, and students. When individuals are involved in a consensual romantic or sexual relationship and are in positions of unequal authority or power, there is the potential for a conflict of interest, favoritism, and exploitation of power. University employees are prohibited from having sexual relations and/or romantically intimate or amorous relationships with any Molloy students. Anyone with supervisory authority or evaluative, mentoring authority who controls or influences another person’s employment, academic advancement, extracurricular or athletic team participation, scholarship or financial support, grades, recommendations, wage status, or promotion at the University cannot be in a romantic or sexual relationship with that person regardless of consent. If anyone is promoted into a position that results in a conflict with this Policy limiting consensual relationships, this information must be reported to a supervisor, Vice President, or the Assistant Vice President of Human Resources for assistance in resolving the conflict. Molloy will respond to all reports of prohibited or inappropriate sexual, amorous, or romantically intimate behavior and maintains discretion to determine consequences for violating this policy on consensual relationships, which may include but is not limited to termination from employment.

Molloy understands that Complainants may wish to talk about the incident with the assurance that the discussion will be confidential. Even if a person does not ask for confidentiality, these matters are considered private and are shared with a limited number of employees who have a “need to know” and are responsible for the University’s response, including taking appropriate steps to respond to the incident, to support Complainants, Respondents, and witnesses, and to resolve the matter promptly and fairly. To the extent practicable and appropriate under the circumstances, investigatory and resolution procedures, including appeal procedures, shall be held in confidence to reasonably ensure the privacy of the Parties concerned and to offer as much protection as reasonably possible to the Parties involved.

There is a wide range of resources available to provide support and guidance in response to any incident of sexual misconduct.

A. Immediate Medical Assistance and Counseling

If you or someone you know is or may be the victim of any form of sexual misconduct, the University strongly urges you to seek immediate assistance in order to receive appropriate medical care and emotional support. Assistance is available 24 hours a day, 7 days a week, from:

• Local Police and Emergency Assistance - Call 911
• Local hospitals – Call 911 or Campus Security to obtain contact information
• SAFE Center LI – (516) 542-0404
• Safe Horizon Rape and Sexual Assault Hotline - (866) 689-HELP (4357)
• Safe Horizon Domestic Violence Hotline - (800) 621-HOPE (4673)
• New York State Office of Victim Services Toll Free Number – (800) 247-8035
• Mercy Medical Center, 1000 N Village Ave, Rockville Centre, NY 11570, (516) 705- 2525

Off-Campus -- 24/7 Confidential Hotlines (Free of Charge):

• SAFE Center LI – (516) 542-0404
• RAPE Crisis Hotline – (914) 345-9111
• Safe Horizon Rape and Sexual Assault Hotline - (866) 689-HELP (4357)
• Safe Horizon Domestic Violence Hotline - (800) 621-HOPE (4673)
• Gay & Lesbian Anti-Violence Project – (212) 714-1141
• Crime Victim’s Hotline – (212) 577-7777
• New York State Domestic Violence Hotline - (800) 942-6906
• New York State Office of Victim Services - (800) 247-8035 or www.ovs.ny.gov 

In instances involving physical injury or sexual assault, the University strongly encourages the Complainant to obtain a medical examination to determine the extent of injuries. It is also important to understand that physical evidence collected in a rape examination (i.e., a rape kit) is a way to preserve evidence should anyone want to pursue criminal charges with the police or a local prosecutor at a later time. A hospital, with the Complainant’s permission, will collect physical evidence in a sexual offense evidence collection kit. Sexual Assault Nurse Examiners (SANE) are employed at the following hospital: Northshore University Hospital, 300 Community Dr, Manhasset, NY 11030, (516) 562-0100. More information on this SANE program can be found here.

Emergency Room advocacy is available in Nassau County through the Safe Center LI for all victims, at any age, of rape, sexual assault, and domestic violence. Trained advocates are available to meet sexual assault and domestic violence victims at all hospitals in Nassau County to offer crisis intervention, counseling, support, information, and assistance while accompanying the victim as they undergo their medical procedures. This 24 hour, free and confidential service can be accessed by calling the hotline at 516-542-0404.

There are multiple ways to report prohibited conduct, both internal and external to the University. Reporting Parties have the right to disclose the incident to a University representatives who can offer privacy or confidentiality,⁷ as appropriate, and can assist in obtaining resources for reporting individuals.

Reports of sexual harassment may be made verbally or in writing.

An individual who feels that he or she has been the victim of sexual misconduct may go directly to the Title IX Coordinator or Deputy Title IX Coordinators to make a report of an incident. Individuals have the right to make a report of sexual misconduct, including sexual assault, domestic violence, dating violence, and/or stalking, to the Title IX Coordinator, University security, local law enforcement and/or state police and also have the right to choose not to report. The University will take all steps available to protect the individual from retaliation for reporting an incident and will provide assistance and resources to support the individual. At the first instance of disclosure by a reporting individual to a University representative, the reporting individual shall be reminded of these rights.

An individual making a report will have emergency access to a Title IX Coordinator or other appropriate official trained in interviewing victims of sexual assault. These personnel shall be available upon the first instance of disclosure to provide information regarding options to proceed, and, where applicable, the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible. This individual will also detail that the criminal justice process utilizes different standards of proof and evidence and that any questions about whether a specific incident violated the penal law should be addressed to law enforcement or to the district attorney. This individual will also explain whether he or she is authorized to offer the reporting individual confidentiality or privacy, and will inform the reporting individual of other reporting options.

Anyone (whether or not they are the person alleged to be the victim of conduct that could constitute sexual misconduct) may report sexual misconduct, including sexual discrimination and sexual harassment, to the Title IX Coordinator at any time (even during non-business hours) in person, by mail, by telephone, or by electronic mail, using the contact information listed in Section IV. Anonymous complaints can be made online at https://secure.ethicspoint.com/domain/media/en/gui/49117/index.html.

The University will keep confidential the identity of sexual misconduct reporters, Complainants, individuals who have been reported to be perpetrators of sexual misconduct, including Respondents, and witnesses, except as permitted by FERPA; or as required by law; or to carry out the purposes of 34 CFR Part 106, including the conducting of any investigation, hearing, or grievance proceeding arising under these policies and procedures.

When the University receives a report from an individual that he or she has been the victim of sexual misconduct, whether the offense occurred on or off campus, the Title IX Coordinator will promptly contact the Complainant to discuss the availability of supportive measures, discussed below in Section XIII, consider the Complainant’s wishes with respect to supportive measures, inform the Complainant of the availability of supportive measures with or without the filing of a complaint or formal complaint, and explain the process for filing a complaint or formal complaint. The Complainant will have an intake meeting with the Title IX Coordinator to discuss these and other topics, such as a Complainant’s rights and the University’s various processes under this Policy. The complaint should be as specific as possible during the intake meeting and should clearly describe the alleged incident(s), when and where they occurred, and the desired remedy sought. The Title IX Coordinator, or his or her designee, will provide the Complainant with a general understanding of the University’s Policy, and identify forms of support or immediate assistance available to the Complainant.

Supportive measures are available regardless of whether a Complainant pursues a complaint or formal complaint under this Policy. When the University receives a report of alleged sexual misconduct, the Title IX Coordinator will promptly contact the Complainant to discuss and offer supportive measures. The Title IX Coordinator will consider the Complainant’s wishes when determining which supportive measures to implement.

A. Supportive Measures

Supportive measures are non-disciplinary, non-punitive individualized services offered, free of charge, by the University to the Complainant or the Respondent as appropriate and reasonably available. Participating in a formal grievance process, including an investigation, and/or reporting the incident to University Security or local law enforcement is not required in order to obtain supportive measures. Supportive measures may be offered before or after the filing of a complaint or formal complaint or when a report is made but no complaint or formal complaint is ever filed. They are designed to restore or preserve equal access to the University’s education program or activity without unreasonably burdening the other Party and include measures designed to protect the safety of all Parties or the University’s educational environment or deter sexual misconduct.

Supportive measures range from services such as counseling or medical services to withdrawals or leaves of absence. Supportive measures may include, but are not limited to:

• Establishing restrictions on contact (no-contact orders) between the Parties;
• Providing counseling or academic support services;
• Modifications to work or class schedules;
• Changes in academic, extracurricular, housing, dining, employment, transportation, or other applicable arrangements;
• Altering arrangements to working, housing, living, transportation, or other applicable situations including changes in residence hall assignments or office locations;
• Providing course-related adjustments such as extensions of deadlines;
• Providing leaves of absence;
• Providing campus escort services;
• Providing increased security and monitoring of certain areas of the campus; and/or
• Other similar measures as determined by the Title IX Coordinator.

Requests for supportive measures should be made to the University’s Title IX Coordinator. The University will grant such requests, provided they are reasonable, available, and not punitive or unduly burdensome for the other Party, regardless of whether the Complainant chooses to report the crime to law enforcement or to pursue a formal grievance process internally. The University will provide information about supportive measure only to those having a need to know such information in order to implement the supportive measures; otherwise, any supportive measures provided to the Complainant or Respondent are confidential.

The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures. The Respondent and/or the Complainant will, upon request, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of any supportive measure that affects them, including potential modification. The Respondent and/or Complainant will be allowed to submit evidence in support of his or her request. Upon receipt of such a request, Title IX Coordinator will inform the other Party of the request and allow the other Party to respond in writing and to submit evidence relevant to the request if desired. Violation(s) of the Title IX Coordinator’s directives and/or protective actions will constitute related offenses that may lead to additional disciplinary action.

A. Presumption and Expectations

There is a presumption that the Respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of this grievance process.

The University expects all members of the University community to cooperate with the University during the various formal and informal processes outlined in the Policy. This includes responding in a timely manner to requests from the Title IX Coordinator or Investigator and making reasonable adjustments to schedules to participate in meetings, hearings, or other proceedings. Parties whose participation is invited or expected at a hearing, investigative interview, or other meeting will be provided written notice of the date, time, location, participants, and purpose of said event prior to the event.

Further, individuals are expected to provide information in good faith; knowingly providing false information or making false allegations is strictly prohibited and is subject to discipline.

B. Standard of Evidence

The standard for decisions under this Policy is a preponderance of the evidence, meaning that it is more likely than not that a violation of this Policy occurred. The burden of proof as well as the burden to gather evidence sufficient to reach a determination regarding responsibility rests on Molloy and not the Parties.

C. Consolidation of Complaint

If two or more complaints or formal complaints are reported pertaining to the same or related sets of facts and circumstances, the Title IX Coordinator may determine that the cases should be consolidated and investigated and adjudicated by the same Investigator(s), Hearing Officer or Hearing Panel, and Appeals Panel, subject to the limits of applicable law including but not limited to FERPA. The University may do this as to allegations of Title IX sexual harassment or any other type of sexual misconduct or retaliation claim against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against another Party, where the allegations of sexual harassment, sexual misconduct, or retaliation arise out of the same facts or circumstances.

A Complainant who wishes to pursue formal action by Molloy must file either a complaint or formal complaint, depending on which grievance process is appropriate. The Title IX Coordinator may also sign and file a complaint or formal complaint, even against the Complainant’s wishes, if they conclude after the requisite analysis that they are required to do so. This is discussed further below.

A. Complaints and Formal Complaints

A formal grievance process is initiated by the filing of either a complaint (Process B) or a formal complaint (Process A). The filing procedure for both Process A and Process B is the same; the only difference is the name of the formal document that is filed to initiate proceedings. The Title IX Coordinator can aid the Complainant in filing the document. A report, complaint, and formal complaint form for employees and covered non-employees is located in Appendix A. A report, complaint, and formal complaint form for students is located in Appendix B.

A complaint or formal complaint may be filed with the Title IX Coordinator at any time (even during non-business hours) in person, by mail, or by electronic mail, by using the contact information in Section IV. Once a complaint or formal complaint is received by the University, it will be reviewed by the Title IX Coordinator. If a complaint or formal complaint is submitted that does not contain the requisite information and/or signature, the Title IX Coordinator will reach out to the Complainant to explain the deficiencies and instruct the Complainant regarding the process and information needed to properly file a complaint or formal complaint.

Once the relevant document has been filed, the University will begin the formal grievance process. Process A, discussed in section XVII below, applies only to allegations of Title IX sexual harassment and is initiated by the filing of a formal complaint. Process B, discussed in section XVIII below, applies to all other allegations of sexual misconduct and/or retaliation and is initiated by the filing of a complaint. The Title IX Coordinator will meet with the Respondent within five (5) days of the relevant formal document being filed.

At any point prior to a determination of responsibility being made, either Party may communicate to the Title IX Coordinator that they wish to pursue an informal resolution. At that point, the Title IX Coordinator will reach out to the other Party or Parties to see if they are interested in an informal resolution. If both Parties agree, the Title IX Coordinator will follow the notice and written consent provisions outlined above before proceeding any further.

A trained counselor, trained mediator, or, if appropriate, a University employee will preside over the informal resolution and may be assisted by another member of the senior staff of the University or outside expert. No person designated by the University to facilitate an informal resolution process will have a conflict of interest or bias. An informal resolution may encompass a broad range of conflict resolution strategies, including, but not limited to, arbitration, mediation, or restorative justice. The Title IX Coordinator will be responsible for determining whether the informal process is appropriate by assessing the totality of the circumstances including, but not limited to, the severity of the alleged sexual misconduct, the Parties’ wishes, and the potential risks to the campus community. The Complainant and the Respondent each may bring an advisor to the informal resolution. Advisors are subject to the restrictions set forth in Section XV(D).

Process A applies only to allegations of Title IX sexual harassment, as defined herein, of which Molloy has actual knowledge, and which occur during Molloy’s education programs or activities against a person in the United States. Process A must be applied when a formal grievance process is initiated for qualifying allegations. All other violations of this Policy will be resolved under Process B.

Under Title IX, The University’s response to reports or formal complaints of sexual harassment must treat Complainants and Respondents equitably by offering supportive measures to a Complainant, and by following a grievance process that complies with Title IX before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a Respondent.

A. Formal Complaints

A formal complaint, as defined herein, may be filed with the Title IX Coordinator at any time (even during non-business hours) in person, by mail, or by electronic mail, by using the contact information in Section IV. The Title IX Coordinator may also sign a formal complaint if the Complainant does not wish to pursue a formal grievance process but the results of the requisite analysis obligate the Title IX Coordinator to do so; however, where the Title IX Coordinator signs a formal complaint, the Title IX Coordinator is not a Complainant or otherwise a Party to the formal complaint. The University will promptly investigate formal complaints and follow a grievance process that complies with 34 C.F.R. § 106.45 before the imposition of any disciplinary sanctions or other actions that are not supportive measures as defined in 34 C.F.R. § 106.30, against a Respondent. The Complainant must be participating in or attempting to participate in the University’s education program or activity at the time the formal complaint is filed. The Complainant has the right to withdraw a formal complaint or their involvement in the University’s investigation or grievance process at any time. A report, complaint, and formal complaint form for employees and covered non-employees is located in Appendix A. A report, complaint, and formal complaint form for students is located in Appendix B.

Process B is a prompt and equitable resolution process that applies to all allegations of sexual misconduct and retaliation, as defined herein, that do not constitute Title IX sexual harassment and therefore do not qualify for Process A, including sex/gender-based discrimination or harassment that does not qualify as Title IX sexual harassment.

A. Complaints

Process B is initiated by the filing of a complaint. Please see Section XV for information on filing a complaint with Molloy. A complaint may be filed with the Title IX Coordinator at any time (even during non-business hours) in person, by mail, or by electronic mail, by using the contact information in Section IV. A report, complaint, and formal complaint form for employees and covered non- employees is located in Appendix A.

A report, complaint, and formal complaint form for students is located in Appendix B.

A Complaint may also be filed online at https://secure.ethicspoint.com/domain/media/en/gui/49117/index.html. Once a complaint is received by the University, it will be reviewed by the Title IX Coordinator.

If the Hearing Officer or Hearing Panel finds the Respondent responsible for violating this Policy, the Hearing Officer or Hearing Panel may impose disciplinary sanctions on the Respondent and/or provide remedies to the Complainant. Alternatively, disciplinary sanctions and remedies may be imposed as a result of an informal resolution. Remedies, sanctions, or other actions that are not supportive measures cannot be imposed on the Respondent prior to a finding of responsibility through either the completion of a formal grievance process or informal resolution.

All appeals will be conducted in a fair, impartial, and equitable manner. The Respondent and the Complainant may appeal a Hearing Officer or Hearing Panel’s decision, once the written decision has been issued, or a dismissal of a formal complaint (or allegations therein). This appeal must be made in writing within five (5) business days after notification of either the Hearing Officer or Hearing Panel’s decision or the notification of dismissal and sent to the Title IX Coordinator. This appeal must clearly and fully set forth the evidence to support each identified ground of appeal which the appealing Party is asserting.

An appeal may be made for only the following reasons:

1. Procedural irregularity that affected the outcome of the matter;
2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
3. The Title IX Coordinator, investigator(s), or decision-maker(s) (i.e., the Hearing Officer or Hearing Panel) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter; or
4. The sanction(s) imposed is not proportionate to the finding of facts.

If either Party files an appeal, the other Party will be notified in writing and provided with a copy of the appeal; this non-appealing Party will have the opportunity to also submit a written response for the Appeals Panel to consider. This must be provided to the Appeals Panel within five (5) business days from the date of receipt of the copy of the filed appeal.

Molloy will maintain records generated in connection with reports, investigations, grievance processes, and appeals in confidential files for at least seven years. Only those with a right and need to know are permitted access. The Parties will have access to a full and fair record of the hearing in which they were involved and have the right to have all information obtained during the course of the grievance process be protected from public release until the appeals panel makes a final determination unless otherwise required by law. For additional information about maintenance and accessibility to student records, please contact the Title IX Coordinator.

Records required to be kept are:

1. Each sexual misconduct investigation including any determination regarding responsibility and any audio or audiovisual recording or transcript of the hearing, any disciplinary sanctions imposed on the Respondent, and any remedies provided to the Complainant designed to restore or preserve equal access to University’s education program or activity;
2. Any appeal and the result therefrom;
3. Any informal resolution and the result therefrom; and
4. All materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process. These training materials will be publicly available on the University website.

Additionally, the University must create, and maintain for a period of seven years, records of any actions, including any supportive measures, taken in response to a report, complaint of sexual misconduct and/or retaliation, or formal complaint of Title IX sexual harassment. In each instance, the University must document the basis for its conclusion that its response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to the University’s education program or activity. If the University does not provide a Complainant with supportive measures, then the University must document the reasons why such a response was not clearly unreasonable in light of the known circumstances.

Creating a safe and respectful environment is the responsibility of all members of the Molloy community. To promote and maintain this environment, the University engages in comprehensive educational programming to prevent sexual misconduct (including sexual harassment, domestic violence, dating violence, sexual assault, stalking, and retaliation).

Molloy provides primary prevention and awareness programs for all incoming students and employees, and ongoing prevention and awareness campaigns for all students and employees. Molloy also provides mandatory training for leaders of student organizations and student- athletes. Molloy seeks to ensure that all programs are culturally relevant, responsive to community needs, and informed by research and assessed for value.

Molloy supports a positive and thriving athletics team culture that revolves around respect and empathy for all, fostering a climate in which all feel that they are respected, valued and contributing members of our teams and athletics programs. Additionally, Molloy supports an environment in which students (athletes and nonathletes alike) feel safe and secure, both emotionally and physically, and are free of fears of retaliation or reprisal. As such Molloy commits to the following:

1. That members of the athletics department are informed on, integrated in, and compliant with institutional policies and processes regarding sexual violence prevention and proper adjudication and resolution of acts of sexual and interpersonal violence.
2. Our institutional policies and processes regarding sexual violence prevention and adjudication, and the name and contact information for the campus Title IX coordinator are readily available within the department of athletics, and are provided to student- athletes.
3. All student-athletes, coaches and staff are educated each year on sexual violence prevention, intervention, and response.
4. All prospective, continuing and transfer student-athletes complete an annual disclosure form related to any conduct that resulted in an investigation, discipline through a Title IX proceeding or in a criminal conviction for sexual, interpersonal or other acts of violence. Failure to accurately and fully disclose any investigatory activity, a disciplinary action or criminal conviction could result in penalties, including loss of eligibility to participate in athletics as determined by the member institution.
5. To take reasonable steps to confirm whether prospective, continuing and transfer student-athletes have been under investigation, subject to discipline through a Title IX proceeding or criminally convicted of sexual, interpersonal or other acts of violence.
6. To maintain a written policy that directs our athletics staff to gather information that reasonably yields information from the former institution(s) to put the recruiting institutional leadership on notice that the prospect has been under investigation, disciplined through a Title IX proceeding or a criminal conviction for sexual, interpersonal or other acts of violence.

Incidents that involve conduct that violates multiple University policies will be addressed on a case by case basis. The University reserves the right to determine the most applicable policy or process and to utilize that policy or process; formal allegations of Title IX sexual harassment, however, must be resolved under this Policy pursuant to Process A or informal resolution, if applicable. If an individual is charged with policy violations under both the Sexual Misconduct Policy and another policy, the alleged violations may be handled through one hearing process, engaging both the Title IX Coordinator and the other presiding University Official or designee. In circumstances where there is a conflict between the procedures and/or processes set forth in the Student Handbook, Employee Handbook, or Faculty Handbook and this Policy, the procedures or process in this Policy govern. Alternatively, a situation that invokes more than one University policy may have allegations divided on the basis of which policy was allegedly violated, with each grouping addressed separately using the grievance process in the pertaining policy.